This afternoon, I was at the courthouse filing for an emergency possession hearing (because they had reported leaking pipes...which I verified were leaking through the floor into the basement), and when I came back, their keys were in my mailbox!

Here's a section on payments due landlord for early termination (basically says all rent is still due) :If the tenant fails to pay the rent, breaches the terms of the Lease, becomes bankrupt, or abandons the unit: (1) The Landlord may immediately cancel this Lease, and shall become entitled, without any further notice to the tenant, to immediate possession of the unit; and (2) All rent under this Lease shall immediately become due and payable, and the security deposit forfeited; (3) The Landlord may sue to dispossess the tenant; and(4) The Tenant shall be responsible for all legal fees and court costs incurred by the Landlord as a result of Tenants’ breach of any term of this Lease Agreement.That being said, I would deduct from their security deposit any amount that would fulfill the 30 day notice.

Filled with thousands and thousands of dollars of possessions.

He did have a small earnest money deposit placed down on the deal but he got paid without ever having to take possession of the property.

If the crime is possession, vs. assault with a deadly weapon, those would seem to indicate different responses.Bottom line: think about a policy that addresses these concerns, come up with rules that you can justify if asked, and stick to your rules.  

Nearly two and a half months and three thousand dollars later (in lost rent and legal fees) we got possession back.

If neither you nor the homeowner possesses decent writing skills, it may be in your collective best interests to seek the assistance of a professional - it's worth it.HUD-1 settlement statementA lender will generally require a written contract thai has been accepted by the homeowner.

David the reason you didn't put all your chips in 2009 is that you didn't possess the cojones....neither did I.  

They will know the law, possess vetted paperwork, and should be able to adequately protect your lender.

On A side note, I would ask the niece if she has the legal authority to remove the mans possessions.